Below is a selection of recent work that we have handled on
behalf of our clients in the publishing sector:
- we advised a magazine
publisher in relation to the worldwide exploitation of exclusive
rights to the first pictures of the Austrian girl held captive
for eight years, Natascha Kampusch. We advised on the
exploitation of rights and related publishing contracts and on
protecting the copyright in the images in the UK
- we advised an international
academic publisher on plagiarism. The work involved investigating
claims made by rival authors of wrongful plagiarism of their
content. However, this proved different from classical piracy, in
which an entire work is copied, and involved more tricky issues of
use of research data, academic integrity, and libel issues.
In one such instance the argument was more about the intellectual
property arising from funding of research, and became an issue of
research grants
- we advised a leading
publisher on issues including perpetual access for their new
generation academic journal agreements with learned societies.
Perpetual access is the term given to the user rights in electronic
content to be in perpetuity, as opposed to the traditional
publishing model for online and site licences limited in time
- an organisation wanted
to publish its journal online. We provided a standard
electronic licence and also negotiated a contract with an online
intermediary to publish online
- the founding shareholders
in a publishing business wanted to sell their majority stake.
The acquirer wanted to retain their services for a two-year
period. The sale needed to be handled in the most tax
efficient way. We were able to sell their stake in the
business on very attractive terms
- a publisher wanted to
sell advertising space related to key title on its website.
We assisted in negotiating terms for the development and promotion
of the site with its developer and also advised on the regulatory
issues
- we advised a political
party in respect of a politically sensitive and high profile
libel claim arising from publication of a controversial article.
Defences of justification and qualified privilege were run and the
case was settled out of court with minimal publicity.
Chambers UK, A
Client's Guide to the Legal Profession 2010
states:
"Traditionally strong in
academic publishing, this regional firm draws plaudits for its
expertise in online publishing, copyright and
domain names work; it is admired for its technological
literacy and pragmatic approach."
The Legal 500, 2010 states:
"Blake Lapthorn rates highly for its expertise
in publishing, both online and in print. Joss Saunders advised
Informa/Taylor and Francis Informa on plagiarism matters, while
Simon Stokes continued to act for ATG Media. Elaine Heywood is
recommended."
